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Alaniz v. Jesus Maria Alvarez & Assocs.

Fourth Court of Appeals San Antonio, Texas
May 14, 2014
No. 04-14-00109-CV (Tex. App. May. 14, 2014)

Opinion

No. 04-14-00109-CV

05-14-2014

Sergio ALANIZ, Sr., et al., Appellants v. JESUS MARIA ALVAREZ & ASSOCIATES, Ana Lisa Garza, Intervenor, Appellees


MEMORANDUM OPINION


From the 381st Judicial District Court, Starr County, Texas

Trial Court No. DC-00-328

Honorable J. Manuel Banales, Judge Presiding

PER CURIAM Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice
DISMISSED FOR LACK OF JURISDICTION

Appellants seek to appeal from a January 13, 2014 order denying their motion to recuse the trial judge, the Honorable Federico J. Hinojosa, retired Justice of the Thirteenth Court of Appeals. It appears from the clerk's record that the order is interlocutory because the underlying proceeding out of which the order arises remains pending and no severance order appears in the record. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001) (appellate courts only have jurisdiction to review final judgments that dispose of all parties and causes of action and certain interlocutory orders identified by statute). Rule 18a(j) of the Texas Rules of Civil Procedure expressly states that an order denying a motion to recuse may only be reviewed on appeal from the final judgment. TEX. R. CIV. P. 18a(j)(1)(A). On April 8, 2014, we ordered appellants to show cause in writing within fifteen days why this appeal should not be dismissed for lack of jurisdiction. Appellants did not respond. Absent an appealable interlocutory order or final judgment in writing, this court has no jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007); Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Accordingly, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM


Summaries of

Alaniz v. Jesus Maria Alvarez & Assocs.

Fourth Court of Appeals San Antonio, Texas
May 14, 2014
No. 04-14-00109-CV (Tex. App. May. 14, 2014)
Case details for

Alaniz v. Jesus Maria Alvarez & Assocs.

Case Details

Full title:Sergio ALANIZ, Sr., et al., Appellants v. JESUS MARIA ALVAREZ …

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 14, 2014

Citations

No. 04-14-00109-CV (Tex. App. May. 14, 2014)